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HomeMy WebLinkAbout01-05-04 CITY OF LAKEVILLE COUNCIL MEETING ]ANUARY 5, 2004 Mayor Johnson called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council members Bellows, Wulff, Rieb, Luick and Mayor Johnson. Also present: R. Knutson, City Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation .Director; D. Martens, Police Chief; D. Volk, Director of Operations & Maintenance; D. Morey, Planner; Allyn Kuennen, Associate Planner; G Friedges, City Clerk. MINUTES Thee minutes of the December 15, 2003 City Council meeting and the December 11, 2003 Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None DIRECTOR OF OPERATONS & MAINTENANCE: Mr. Volk presented the .December monthly report of the Operations & Maintenance Department. .CITIZENS' COMMENTS None CONSENT AGENDA Council members added Item 12 to the consent agenda. 04.1. Motion was made by Luick, seconded by Bellows to approve the consent agenda items as follows: a. Claims for payment. CITY OF LAKEVILLE COUNCIL MEETING JANUARYS, 2004 PAGE Z b. Receive minutes of the following advisory committee meetings: ¦ Planning Commission, December 18, 2003 ¦ Parks, Recreation & Natural. Resources Committee, December 17, 2003 ¦ Economic Development Commission, December 9, 2003 c.` Resolution No. 04-1 authorizing advance encumbrance of Municipal State Aid Funds. d. Amended and Restated Site Lease Agreement with Nextel Communications. e. Ordinance No. 754 amending Title 5, Chapter 1 of the Lakeville City. Code concerning animal fees. f. Ordinance No. 755 amending Title 9, Chapter 2 of the Lakeville City Code concerning the conditions for moving buildings. • Resolution No. 04-2 ado tin the 2004 Schedule of Fees. 9• p 9 h. Gambling permit for Crystal Lake .Elementary Parent Teacher Organization to hold a raffle on March 5, 2004. i. Contract -with Dakota County for Sentenced to Service Program work crews. j. Resolution No. 04-3 establishing rules and rental fees for use of City athletic facilities; and Resolution No. 04-4 establishing rules and rental fees for use of City shelters and buildings. k. Receive application of Semyon Vizelman, DBA Big Sam Incorporated, for an on-sale wine and beer license at 11276 - 210tH Street West, and call a public hearing to be held on February 2, 2004. I. .Resolution No. 04-5 accepting donation from Belzer Chevrolet. m. Ninety-day extension to employee leave of absence fore Michael Parks. CITY OF LAKEVILLE COUNCIL MEETING JANUARYS, 2004 PAGE 3 n. Contract to Employ Law Firm of Rider Bennett, LLP. o. Reject bids for the 1500 GPM pumper rescue truck and authorize advertisement for re-bid. p. Resolution No. 04-6 authorizing an all-way stop control at the intersection of Ipava Avenue and 207th Street. q. Approve proposal from Bergerson-Caswell, Inc. for rehabilitation of Well No. 9. 12. Approve a Memorandum of Agreement with the Southwest Metro Groundwater Work Group. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Reb, Luick. ITEM 8 Mayor Johnson opened the public hearing on the Wellhead Protection Plan, Part: II. Jim de Lambert of Liesch Associates, Inc. presented the Part II Wellhead Protection Plan prepared for the City of Lakeville. He explained that the Wellhead Protection Plan is mandated by the Minnesota Department of .Health and the Environmental Protection Agency. The purpose of the plan is to ensure'the continued availability of a high .quality municipal water supply. The Part II Plan provides an inventory of the potential contaminant sources within the Drinking Water Supply Management Areas (DWSMA), along with measures to eliminate, minimize or manage identified threats to the quality of the City's ground water supply. Lakeville's four individual DWSMA are designated not vulnerable, .moderately vulnerable and vulnerable based primarily on tritium isotope anaiysis and the Dakota County Geological Atlas. Mr. de Lambert explained that within the City of Lakeville, the Prairie de Chien-Jordan Aquifer is overlain by thick sequences of glacial drift and, in some cases, the basal shale and sandstone of the St. Peter Sandstone as well. These geological formations provide natural protection to the underlying aquifer and will generally retard the vertical movement of potential contaminants. Because of this, unused or improperly sealed wells that penetrate the top of the aquifer are likely the greatest potential risk to water quality. CITY OF LAKEVILLE COUNCIL MEETING 1ANUARYS, 2004 PAGE 4 " The City will work with Dakota County, the Minnesota Pollution Control Agency and neighboring units of government to ensure compliance with various regulations concerning potential contaminant sources such as bulk storage facilities for fuel, various industries, chemical use, storage and disposal, abandon dumps, landfills, gas stations and other disposal sites. There were no questions or comments from the City Council or members of the audience. 04.2 Motion was made by Rieb, seconded by Wulff to close the public "hearing on the Wellhead Protection Plan, Part II. Roll call was taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows.. 04.3 Motion was made by Luick, seconded by Bellows to receive the Wellhead Protection Plan, Part II, and authorize submission to the Minnesota Department of Health. - • Roll call was taken on the motion. A es, Wulff Rieb Luick, Bellows Y Johnson. ITEM 9 Mayor Johnson opened the public hearing on the adoption of a fee schedule by ordinance. Mr. Feller presented the proposed ordinance, which adopts fees .related to planning, zoning and building permits as required by Minnesota Statute 462.353. The ordinance also adopts electrical permit fees. He explained that there are no proposed changes in the planning, zoning or building permit fees, only adoption pursuant to Minnesota Statutes and Minnesota Rules recently adopted by the State Legislature. There were no questions or comments from the City Council or members of the audience. 04.4 Motion was made by Bellows, seconded by Wulff to close the public hearing on the adoption of a fee schedule by ordinance. Roll call was taken on the motion. Ayes, Rieb,. Luick, Bellows, Johnson, Wulff. CITY OF LAKEVILLE COUNCIL MEETING JANUARYS, 2004. PAGE S 04.5 Motion was made by Wulff, seconded by Rieb. to adopt Ordinance No. 756, an ordinance adopting fees. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff, Rieb. ITEM 10 Associate Planner Allyn .Kuennen presented the Chadwick Farm sketch plan, consisting of 216 single-family lots on 142.25 acres located at the southeast quadrant of 210t" Street and Jacquard Avenue. He explained that the sketch plan is being submitted in advance of a preliminary plat application as provided by the Subdivision Ordinance. Approval of a sketch plan will provide the applicant direction as to the general acceptability of the project. Mr. Kuennen explained that there are several zoning classifications within the plat boundaries. The subject property lies within MUSA Expansion • Area °B", which is scheduled for sanitary sewer service beginning in 2010. The development of this site is being considered in advance of 2010 in conjunction with theneed to extend trunk sanitary sewer to the second Lakeville High School site to the west. The subject property would need to be brought into the current MUSA via a Comprehensive Plan. amendment. The property includes areas zoned RS-3 District, RST-2 District and CC District. The RS-3 and RST-2 districts allow for single- family dwellings as a permitted use. The portion of the property zoned RST-2 District is proposed to be rezoned to RS-3 District in conjunction with the preliminary plat application to provide consistent zoning throughout the residential development. A zoning map amendment is also required to remove the Residential Agricultural Overlay (RAO) District designation. Mr. Kuennen stated a neighborhood meeting was held, with' most of the discussion focused on the timing for improvements to 210t" Street. There were no concerns related to the proposed project itself. The Dakota County Plat Commission discussed the issue of restricted access along Outlots D and F and concluded not to show. restricted access at this time due to the unknown development to the south and the unknown development of Outlots D and F. The Parks, Recreation & Natural Resources Committee recommended that an effort be made to preserve as many of the existing evergreen trees as possible. The committee also CITY OF L,4KEVILLE COUNCIL MEETING JANUARYS, 2004 PAGE 6 • recommended establishment of a 50-foot buffer along the south side. of South Creek. The Planning Commission recommended approval of the Chadwick Farm sketch plan subject to 11 items being addressed by the developer prior to submittal of the preliminary plat. Council Member Wulff asked if the owners of the exception parcels near the northeast corner. of the development were contacted. She stated she would like to see an effort made to include these parcels in the plat and move their driveways off of 2101h Street. Mike Suel of D.R. Horton stated letters were sent to the property owners. However, he stated, there are some issues with respect to grades, a retaining wall, and the proximity of the rear lot Fines to the adjacent wetland. Another issue involves a 60-foot strip of the subject property located between two existing parcels fronting 210t" Street. He stated the two property owners are interested. in splitting off this strip and combining it with their properties. Mr. Erickson pointed out that the project. would include a neighborhood park and a greenway. 04.6 .Motion was made by Luick, seconded by Rieb to approve the Chadwick Farm sketch plan. Roll. call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 11 Mr. Nelson presented Lakeville Right-of-Way Map No. 4, which identifies right- of-way necessary to be acquired to accommodate construction of the interim I-35/CSAH 50 interchange improvements. He explained that 38 parcels have been identified from which easements must be acquired. The Assistant Dakota County Attorney .has begun negotiations with several property owners for right-of-way acquisition, and significant progress has been made. The Taco Bell restaurant, a key component of this .project, is scheduled to open in March at its new location. The existing site will be demolished for the construction of a new SuperAmerica store, which will. allow. completion of the road. improvements immediately adjacent to the existing SuperAmerica site. The City Council is being asked to approve a resolution approving the right-of-way map and authorizing the city attorney to acquire the necessary right-of-way through negotiations with. CITY OF LAKEVILLE COUNCIL MEETING JANUARYS, 2004 PAGE 7 the property owners.. The resolution also authorizes the City Attorney to retain the services of Jerry Kingrey, the former Dakota County Right-of- Way Manager, to assist with the right-of-way acquisition. Jim Dvorak of SRF Consulting Group presented the proposed project schedule for the interim roadway improvements at I-35 and CSAH 50. Construction is scheduled to begin in April, with substantial completion anticipated by the end of 2004. It will be staged, with several small stages and one large stage. The project has been designed to preserve as much of the existing roadway as possible, which helps cut down on construction costs and makes the staging easier. Mr. Erickson acknowledged the work of City Engineer Keith Nelson and Community & Economic Development Director Dave Olson. The project involves a high degree of difficulty, with the relocation of utilities. He also acknowledged the cooperation exhibited by the property owners in this area. 04.7 Motion .was made by Rieb, seconded by Luick to approve Resolution No. 04-7 authorizing acquisition of property for highway purposes and approving Right-of-Way Map No. 4. Roll call was. taken on the motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 13 04.8 Motion was made by Bellows, seconded by Wulff to appoint Council Member Luick as Acting Mayor for 2004. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick,. Bellows, Johnson.. ..ITEM 14 04.9 Motion was made. by Rieb, seconded by Wulff to approve Resolution No. 04-8 establishing boards and committees of the City Council and approving appointments thereto. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson, Wulff. CITY OF LAKEVILLE COUNCIL MEETING JANUARYS, 2004 PAGE 8 • UNFINLSHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, January 20, 2004 Council work session, January 7, 2004 Mayor Johnson adjourned the meeting at 8:06 P.M. R~e"spectfully subm'~ted, arlene Friedges, City C k Robert D. Johns. ,Mayor •